HB 1539

This bill generally establishes that it is a Class A misdemeanor to knowingly inhale, ingest, use, or possess any compound, liquid, gas, or chemical that contains nitrous oxide, commonly known as "laughing gas, and any amyl nitrite, commonly known as ""poppers"" or ""snappers."" A person who violates this provision may, in the discretion of the trial court, be required to participate in an approved drug rehabilitation program as a condition of probation. This bill also generally establishes that it is an offense for any person, entity, business, or corporation, including an online retailer, to produce, manufacture, possess, buy, sell, or otherwise transfer any compound, liquid, gas, or chemical that contains nitrous oxide in violation of the offense described in the prior paragraph. SUSPENSION AND REVOCATION OF LICENSE, CERTIFICATE, OR PERMIT This bill provides that any person, entity, business, or corporation that is certified, permitted, or licensed to do business in this state and found in violation of the offenses established above must have the certificate, permit, or license suspended for 30 days upon the first violation. Upon a second violation, the certificate, permit, or license must be revoked. EXCEPTIONS The new offenses established above do not apply to the possession and use of any compound, liquid, gas, or chemical that contains nitrous oxide in any of the following circumstances:  When prescribed as part of the care or treatment of a disease, condition, or injury by a licensed medical or dental practitioner .  As part of a manufacturing process or industrial operation by a manufacturer or a person who is at least 21 and employed by the manufacturer .  As a propellant in food preparation for restaurant or food service .  By a person at least 21.  For automotive purposes by a person at least 21 . However, t he presence of additional flavoring in any compound, liquid, gas, or chemical that contains nitrous oxide or labeling on any part of a container of the substance referring to the contents being flavored creates a rebuttable presumption against the excepti ons described above."